Me. Rev. Stat. » Title 34-B
Maine Revised Statutes

Me. Rev. Stat. tit. 34-B, § 3831 (2026)

Admission

✓ current as of May 2026
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A psychiatric hospital may admit on an informal voluntary basis for care and treatment of a mental illness any person desiring admission or the adult ward of a legally appointed guardian, subject to the following conditions.   [PL 2007, c. 319, §6 (AMD).]
1.  Availability of accommodations.  Except in cases of medical emergency, voluntary admission is subject to the availability of suitable accommodations.  
[PL 1983, c. 459, §7 (NEW).]
2.  Standard hospital information.  Standard hospital information may be elicited from the person if, after examination, the chief administrative officer of the psychiatric hospital determines the person suitable for admission, care and treatment.  
[PL 2007, c. 319, §6 (AMD).]
3.  Persons under 18 years of age.  Any person under 18 years of age must have the consent of the person's parent or guardian.  
[PL 2007, c. 319, §6 (AMD).]
4.  State mental health institute.  Any person under 18 years of age must have the consent of the commissioner for admission to a state mental health institute.  
[PL 1983, c. 459, §7 (NEW).]
5.  Adults under guardianship.  An adult ward may be admitted on an informal voluntary basis only if the adult ward's legally appointed guardian consents to the admission and the ward makes no objection to the admission.  
[PL 2007, c. 319, §6 (AMD).]
6.  Adults with advance health care directives.  An adult with an advance health care directive authorizing psychiatric hospital treatment may be admitted on an informal voluntary basis if the conditions specified in the advance health care directive for the directive to be effective are met in accordance with the method stated in the advance health care directive or, if no such method is stated, as determined by a physician or a psychologist. If no conditions are specified in the advance health care directive as to how the directive becomes effective, the person may be admitted on an informal voluntary basis if the person has been determined to be incapacitated pursuant to Title 18‑C, Article 5, Part 8. A person may be admitted only if the person does not at the time object to the admission or, if the person does object, if the person has directed in the advance health care directive that admission to the psychiatric hospital may occur despite that person's objections. The duration of the stay in the psychiatric hospital of a person under this subsection may not exceed 5 working days. If at the end of that time the chief administrative officer of the psychiatric hospital recommends further hospitalization of the person, the chief administrative officer shall proceed in accordance with section 3863, subsection 5‑A.  
This subsection does not create an affirmative obligation of a psychiatric hospital to admit a person consistent with the person's advance health care directive. This subsection does not create an affirmative obligation on the part of the psychiatric hospital or treatment provider to provide the treatment consented to in the person's advance health care directive if the physician or psychologist evaluating or treating the person or the chief administrative officer of the psychiatric hospital determines that the treatment is not in the best interest of the person.  
[PL 2017, c. 402, Pt. C, §95 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 415, §§1,2 (AMD). PL 1999, c. 423, §3 (AMD). PL 2007, c. 319, §6 (AMD). PL 2009, c. 651, §10 (AMD). PL 2017, c. 402, Pt. C, §95 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
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Notes of Decisions
Cited in 4 cases, 1998–2014 · leading case: Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014).
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Linda J. Clifford v. MaineGeneral Med. Ctr., 2014 ME 60 (Me. 2014). “At the time of the search, there was no evidence to support a belief that Clifford carried contraband, there were no exigent circumstances that demanded that she be searched at all, much less in the presence of three men, and although Clifford had, under duress, consented to…”
United States v. Chamberlain, 159 F.3d 656 (1st Cir. 1998). “” A patient who has been detained for five days pursuant to section 3863 may thereafter remain at the mental hospital if (1) the patient voluntarily admits himself, see 34-B M.R.S.A. § 3831 2 , or (2) the chief administrative officer of the mental hospital obtains from the state…”
Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002). “§ 58-629 (a)(2) (1994) (authority to “make all necessary arrangements for the principal at any hospital, psychiatric hospital or psychiatric treatment facility” may be expressly granted); Me. Rev. Stat. Ann. tit. 34-B, § 3831(6) (West 1998 & Supp.”
Liberty v. Bennett (Me. Super. Ct 2010). · cites it 2× “See 34-B M.R.S.A. § 3831 (3) ("Any person under 18 years of age must have the consent of the person's parent or guardian" prior to the admittance into a psychiatric hospital); see II See discussion supra Part m.”
— Me. Rev. Stat. tit. 34-B, § 3831(3) — 1 case
Liberty v. Bennett (Me. Super. Ct 2010). “See 34-B M.R.S.A. § 3831 (3) ("Any person under 18 years of age must have the consent of the person's parent or guardian" prior to the admittance into a psychiatric hospital); see II See discussion supra Part m.”
— Me. Rev. Stat. tit. 34-B, § 3831(6) — 1 case
Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002). “§ 58-629 (a)(2) (1994) (authority to “make all necessary arrangements for the principal at any hospital, psychiatric hospital or psychiatric treatment facility” may be expressly granted); Me. Rev. Stat. Ann. tit. 34-B, § 3831(6) (West 1998 & Supp.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.